O'Neal v. Simonton
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. J. M. Carmichael. This action was brought by B. F. Simonton against W. C. O’Neal.
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Appeal from the Circuit Court of Henry. Tried before the Hon. J. M. Carmichael. This action was brought by B. F. Simonton against W. C. O’Neal. The complaint was as follows: "The plaintiff claims of the defendant five hundred dollars damages for a trespass by the defendant on the following tract of land, to-wit: [heiie follows a discription of the land] ; said land belonging to the plaintiff, and being that portion of said lot above described which was taken possession of by defendant on, to-wit, the 23rd day of March, 1894, and for tearing down and removing therefrom a frame building and 25…
1Opinion of the CourtColeman, J.
The appellee, Simonton, sued to recover damages for trespass' to reality. After verdict for plaintiff, the defendant moved in arrest of judgment, that ‘ ‘the pomplaint failed to set forth and contain a substantial cause of action, in that it failed to allege the plaintiff was in possession of the property at the time of the alleged trespass.” According to the form prescribed by statue tor trespass to land, it is only necessary to aver that the land belonged to the plaintiff. If the plaintiff does not rely upon ownership, but possession merely, to sustain the action, the averment of possession…
2Cited by6 opinions
- Foust v. KinneySupreme Court of Alabama · 1918
- Elmore v. FieldsSupreme Court of Alabama · 1907
- Turnipseed v. BurtonAlabama Court of Appeals · 1912
- Cochran v. BrannanDistrict Court, S.D. Alabama · 1912
- North Birmingham Trust & Savings Bank v. AdamsSupreme Court of Alabama · 1913
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